Apartment Complex Injuries

Apartment Complex Injuries in Michigan: When Landlords Put Profit Over Tenant Safety

Apartment complexes are homes to millions of Michigan residents. Landlords collect rent every month — and in exchange, they owe their tenants a safe living environment. When they fail to maintain the property, fail to fix known hazards, or fail to provide adequate security, tenants and their guests get hurt. And then the landlord's insurance company shows up to argue that the injury was somehow the tenant's fault, or that the hazard wasn't "really" dangerous, or that the landlord didn't know about the problem despite a dozen maintenance requests.

At Koussan Law, I represent tenants injured in apartment complexes across Michigan — slip and falls on icy walkways that were never salted, assaults in parking lots without lighting or cameras, fires caused by faulty wiring the landlord refused to fix, lead paint poisoning in children, injuries from broken staircases and railings, and every other failure of basic property maintenance. These cases are premises liability claims against the property owner, and they carry the landlord's commercial general liability insurance.

Landlord Duties Under Michigan Law

Michigan's housing laws impose specific obligations on landlords. Under MCL § 554.139, landlords must keep rental premises and common areas fit for their intended use and in reasonable repair. This is a statutory duty that cannot be waived by lease provisions. Common areas — hallways, stairwells, parking lots, laundry rooms, playgrounds — are the landlord's responsibility at all times. Individual units must be maintained in habitable condition, including functioning locks, smoke detectors, and freedom from hazards like mold, lead paint, and pest infestations.

Beyond the statutory duty, landlords owe the standard premises liability duty of care to tenants, who are invitees. Under Michigan premises liability law, an invitee is owed the highest duty of care: the landlord must inspect the property for hidden dangers, warn of known hazards, and take reasonable steps to make the premises safe. When a landlord knows about a broken stair tread, an unlit parking lot, or a history of criminal activity on the property and does nothing — that's a breach of duty.

Frequently Asked Questions

Q: Can I sue my landlord for injuries in a common area?

Yes. Common areas — hallways, stairwells, lobbies, parking lots, laundry rooms, playgrounds, and sidewalks — are entirely the landlord's responsibility. The landlord has a duty to inspect, maintain, and repair common areas and to warn of or correct hazards. A tenant injured by a broken handrail, icy sidewalk, defective elevator, or assault in an unlit parking area has a premises liability claim against the landlord. The landlord's commercial general liability insurance covers these claims.

Q: What if I reported the hazard to the landlord but they didn't fix it?

Prior notice strengthens your case significantly. When you've reported a maintenance issue — a broken stair, a water leak creating a slip hazard, a malfunctioning lock — and the landlord failed to address it within a reasonable time, the notice element is established. I always advise tenants to document maintenance requests in writing (text, email, or written notice) because verbal complaints are harder to prove. Your documented complaint history becomes critical evidence.

Q: Does my renter's insurance cover my injuries?

Renter's insurance covers your personal property, not your bodily injuries caused by the landlord's negligence. Your injuries are covered by the landlord's commercial general liability policy — which is the policy I make claims against. If you're injured in your apartment or a common area due to the landlord's failure to maintain the property, your claim is against the landlord, not your own renter's policy.

Q: What is the statute of limitations for an apartment injury claim in Michigan?

Three years from the date of injury under MCL § 600.5805. For lead paint exposure, the discovery rule may extend the deadline — the statute runs from when the injury was discovered or should have been discovered, not when the exposure occurred. Government-owned housing (public housing authorities) claims require 120-day notice under MCL § 691.1404.